Recidivist sentencing enhancement statutes continue to be declared unconstitutional based upon relatively recent US Supreme Court cases. In 2000 the U.S. Supreme Court decided State v. Apprendi. There the Court states a criminal sentence must be based upon facts the...
PA Supreme Court Extends Judicial Emergency - All Courts Closed to Public Through April 30 The Pennsylvania Supreme Court has directed that the general, statewide judicial emergency declared in March is extended through April 30, 2020, and all Pennsylvania courts...
March 22, 2020 Pennsylvania Suspends Certain Licensure Requirements for State Board of Psychology, and State Board of Social Work, Marriage and Family Therapy, and Professional Counselors In order to increase the number of health-care practitioners available to...
On Nov. 27, 2019 Pennsylvania Governor Tom Wolf sign into law Act 112 of 2019. This is Pennsylvania’s Opioid Treatment Agreement Law. It took immediate effect. The law requires prescribers to enter into an opioid patient treatment agreement before issuing the...
My licensure defense practice includes representing attorneys facing disciplinary process in Pennsylvania. Attorneys licensed by the Pennsylvania Supreme Court - whether practicing in Pennsylvania or not - are subject to discipline the same as other Pennsylvania...
Today the Commonwealth Court issues another remarkable decision involving a Pennsylvania medical professional. Dunagan v. BPOA, 2019 WL 155879, is the third case in a row in which a Commonwealth Court panel has found a Pennsylvania medical related board engaged...
On February 28, 2019 Commonwealth Court issued a decision reversing a Pennsylvania Medical Board order reprimanding a physician. The order reprimanding the physician stems from a medical malpractice case. The patient died and the Medical Board accused the physician of...
In recent weeks, the New Jersey Legislature has identified cannabis-impaired drivers, which will require training hundreds of new Drug Recognition Experts -- as a cost that is potentially crippling to smaller municipalities. Several New Jersey Municipal Court...
Pennsylvania's revised DUI law provides for substantially increased jail time and penalties for individuals convicted of DUI on a DUI related license suspension, kill innocent victims while drunk driving, and repeat DUI offenders. Penalties are also increased for...
A Petition for an Immediate Temporary Suspension is a unique tool in licensing boards' arsenal of prosecutorial petitions. The prosecutor alleges facts, which if taken as true, establish the licensee's continue practice of their profession presents a immediate...
